Agenda item

To consider the report of the Head of Scrutiny and Member Development on the external publication of employee interests for high risk posts which includes the Directorates formal response to the Scrutiny Board’s recommendations on this issue.

A report of the Head of Scrutiny and Member Development provided a summary of the current position with regard to three recommendations made by the Scrutiny Board concerning officer declarations of interest.

The Scrutiny Board considered a report of the Director of Resources on the external publication of employee interests for high risk posts which included the Directorates formal response to the Scrutiny Board’s recommendations. The Directorates proposed response to those recommendations had been agreed by the Executive Board on 17th July 2013.

The Principal Scrutiny Adviser reported apologies from Mr Alan Gay, Director of Resources and Mr Phil Crabtree, Chief Planning Officer who were unable to attend for this item due to prior commitments.

The following representatives attended the meeting:

-  Councillor Peter Gruen, Executive Board Member (Neighbourhoods, Planning and Support Services)

-  David Almond, Head of Human Resources

-  Martin Sellens, Head of Planning Services.

In consideration of this report, a number of issues were identified and discussed which included the:

·  Chief Planning Officer’s decision to implement the Board’s recommendation that planning officers declare no interest on planning applications. It was reported that this had caused concern and some resistance by planning staff.

·  Clarification that employees’ declarations of interest were not only relevant to the consideration of individual planning applications but also to the site allocation process.

·  Need for the process to be open, clear and transparent.

·  Ruling by the Information Commissioner against Bolton Council which related to a specific issue concerning the making of information available in response to a Freedom of Information (FOI) request. Concern was expressed that the Commissioner’s views had not been sought on the wider issues raised by this Board.

·  View that had the Council instigated an approach suggested some years ago that all new Council employees be required to make declarations of interests the current concerns would not apply.

·  Concern that despite the support given by the Council’s internal auditor to the Board’s recommendation that planning officers be required to confirm that no undue influence had been placed upon them in making their recommendation; this had not been accepted by the Executive Board.  A discussion ensued as to how undue influence might be defined.

·  Offer by the Executive Board Member (Neighbourhoods, Planning and Support Services) to discuss further with the Chair this Board’s concerns regarding officer declarations of interest.

·  Information by the Executive Board Member that the position would be monitored and reviewed in 6 months.

·  Concern that the Director of Resources report refers to the external publication of employee interests for high risk posts when the initial concerns raised by the Scrutiny Board related to all Council employees not just high risk posts. It was suggested that this change in emphasis was against the Council’s Constitution. The Principal Scrutiny Adviser stated that the recommendations made by the Scrutiny Board had been addressed by the Director of Resources report but he would review the Constitution and report back if it was necessary to do so.

RESOLVED – That the reports be noted.

(Councillor B Atha attended the meeting at 10.10am during consideration of this item)